Synopsis: Various matters concerning property. Expands the list of
persons who are prohibited from bidding on property at a tax sale to
include: (1) persons who have been convicted of maintaining a
common nuisance; and (2) persons on whom a fee has been imposed
for multiple law enforcement runs to the person's property. Provides
that persons who are prohibited from bidding at a tax sale are also
prohibited from purchasing property at a sheriff's foreclosure sale.
Provides that a person who knowingly or intentionally maintains a
building, structure, vehicle, or other place that is used for the purpose
of prostitution, criminal gang activity, or criminal gang intimidation
commits maintaining a common nuisance. Specifies certain acts that
are included in the definition of "waste" under the landlord-tenant law.
Provides that if a court finds that the tenant has committed or threatens
to commit waste to a rental unit, the court must order the tenant to
return possession of the dwelling unit to the landlord immediately.
Provides that if a landlord obtains a court order to evict a tenant, the
landlord may remove and dispose of the tenant's personal property in
accordance with the court order, without delivering the personal
property to a warehouseman. Repeals superseded provisions relating
to storage of a tenant's personal property. Authorizes the prosecuting
attorney to impose a criminal activity investigation fee on the owner of
property if at least three reports substantiating the occurrence of certain
types of criminal activity on the property have been filed by law
enforcement officers during the preceding 12 months. Establishes
certain restrictions on the imposition of the fee. Provides that if a fee
remains unpaid for more than 30 days after it is billed to
the property

(Continued next page)

Effective: July 1, 2007.

Hinkle

January 26, 2007, read first time and referred to Committee on Rules and Legislative
Procedures.

Digest Continued

owner, the prosecuting attorney may certify the delinquency to the
county auditor, who is required to place the total amount certified on
the tax duplicate for the property as a special assessment. Provides that
the total amount, including accrued interest, is collected in the same
manner as delinquent taxes are collected.

Introduced

First Regular Session 115th General Assembly (2007)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or thisstyletype reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1464

A BILL FOR AN ACT to amend the Indiana Code concerning
property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-24-5.3; (07)IN1464.1.1. -->
SECTION 1. IC 6-1.1-24-5.3, AS AMENDED BY P.L.169-2006,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5.3. (a) This section applies to the following:(1) A person who:
(A) owns a fee interest, a life estate interest, or the equitable
interest of a contract purchaser in an unsafe building or unsafe
premises in the county in which a sale is held under this
chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5)
regarding which the conditions set forth in IC 36-7-9-10(a)(1)
through IC 36-7-9-10(a)(4) exist.
(2) A person who:
(A) owns a fee interest, a life estate interest, or the equitable
interest of a contract purchaser in an unsafe building or unsafe

premises in the county in which a sale is held under this
chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a), other
than an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5),
regarding which the conditions set forth in IC 36-7-9-10(b)(1)
through IC 36-7-9-10(b)(4) exist.
(3) A person who is the defendant in a court action brought under
IC 36-7-9-18, IC 36-7-9-19, IC 36-7-9-20, IC 36-7-9-21, or
IC 36-7-9-22 in the county in which a sale is held under this
chapter that has resulted in a judgment in favor of the plaintiff and
the unsafe condition that caused the action to be brought has not
been corrected.
(4) A person who has any of the following relationships to a
person, partnership, corporation, or legal entity described in
subdivisions (1), (2), or (3):
(A) A partner of a partnership.
(B) An officer or majority stockholder of a corporation.
(C) The person who directs the activities or has a majority
ownership in a legal entity other than a partnership or
corporation.
(5) A person who, in the county in which a sale is held under this
chapter, owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest; or
(E) costs directly attributable to a prior tax sale;
on a tract or an item of real property listed under section 1 of this
chapter. (6) A person who has been convicted of maintaining a
common nuisance under IC 35-45-4-4.5, IC 35-45-9-5, or
IC 35-48-4-13. (7) A person on whom a criminal activity investigation fee has
been imposed under IC 36-7-9.5.(6) (8) A person who is an agent of the person described in this
subsection.
(b) A person subject to this section may not purchase a tract offered
for sale under section 5 or 6.1 of this chapter. However, this section
does not prohibit a person from bidding on a tract that is owned by the
person and offered for sale under section 5 of this chapter.
(c) The county treasurer shall require each person who will be

bidding at the tax sale to sign a statement in a form substantially
similar to the following:
"Indiana law prohibits a person who owes delinquent taxes,
special assessments, penalties, interest, or costs directly
attributable to a prior tax sale from purchasing tracts or items of
real property at a tax sale. I hereby affirm under the penalties for
perjury that I do not owe delinquent taxes, special assessments,
penalties, interest, costs directly attributable to a prior tax sale,
amounts from a final adjudication in favor of a political
subdivision in this county, any civil penalties imposed for the
violation of a building code or ordinance of this county, or any
civil penalties imposed by a health department in this county, that
I have not been convicted of maintaining a common nuisance
under IC 35-45-4-4.5, IC 35-45-9-5, or IC 35-48-4-13, and that
a criminal activity investigation fee has not been imposed on
me under IC 36-7-9.5. Further, I hereby acknowledge that any
successful bid I make in violation of this statement is subject to
forfeiture. In the event of forfeiture, the amount of my bid shall be
applied to the delinquent taxes, special assessments, penalties,
interest, costs, judgments, or civil penalties I owe, and a
certificate will be issued to the county executive.".
(d) If a person purchases a tract that the person was not eligible to
purchase under this section, the sale of the property is subject to
forfeiture. If the county treasurer determines or is notified not more
than six (6) months after the date of the sale that the sale of the
property should be forfeited, the county treasurer shall:
(1) notify the person in writing that the sale is subject to forfeiture
if the person does not pay the amounts that the person owes
within thirty (30) days of the notice;
(2) if the person does not pay the amounts that the person owes
within thirty (30) days after the notice, apply the surplus amount
of the person's bid to the person's delinquent taxes, special
assessments, penalties, and interest;
(3) remit the amounts owed from a final adjudication or civil
penalties in favor of a political subdivision to the appropriate
political subdivision; and
(4) notify the county auditor that the sale has been forfeited.
Upon being notified that a sale has been forfeited, the county auditor
shall issue a certificate to the county executive under section 6 of this
chapter.
(e) A county treasurer may decline to forfeit a sale under this section
because of inadvertence or mistake, lack of actual knowledge by the

bidder, substantial harm to other parties with interests in the tract or
item of real property, or other substantial reasons. If the treasurer
declines to forfeit a sale, the treasurer shall:
(1) prepare a written statement explaining the reasons for
declining to forfeit the sale; and
(2) retain the written statement as an official record.
(f) If a sale is forfeited under this section and the tract or item of real
property is redeemed from the sale, the county auditor shall deposit the
amount of the redemption into the county general fund and notify the
county executive of the redemption. Upon being notified of the
redemption, the county executive shall surrender the certificate to the
county auditor.

SOURCE: IC 32-29-7-3; (07)IN1464.1.2. -->
SECTION 2. IC 32-29-7-3, AS AMENDED BY P.L.240-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(1) the period is:
(A) twelve (12) months in a proceeding for the foreclosure of
a mortgage executed before January 1, 1958; and
(B) six (6) months in a proceeding for the foreclosure of a
mortgage executed after December 31, 1957, but before July
1, 1975; and
(2) if the court finds that the mortgaged real estate is residential
real estate and has been abandoned, a judgment or decree of sale
may be executed on the date the judgment of foreclosure or
decree of sale is entered, regardless of the date the mortgage is
executed.
(b) A judgment and decree in a proceeding to foreclose a mortgage
that is entered by a court having jurisdiction may be filed with the clerk
in any county as provided in IC 33-32-3-2. After the period set forth in
subsection (a) expires, a person who may enforce the judgment and
decree may file a praecipe with the clerk in any county where the
judgment and decree is filed, and the clerk shall promptly issue and
certify to the sheriff of that county a copy of the judgment and decree
under the seal of the court.
(c) Upon receiving a certified judgment under subsection (b), the
sheriff shall, subject to section sections 4 and 4.5 of this chapter, sell
the mortgaged premises or as much of the mortgaged premises as
necessary to satisfy the judgment, interest, and costs at public auction
at the office of the sheriff or at another location that is reasonably likely

to attract higher competitive bids. The sheriff shall schedule the date
and time of the sheriff's sale for a time certain between the hours of 10
a.m. and 4 p.m. on any day of the week except Sunday.
(d) Before selling mortgaged property, the sheriff must advertise the
sale by publication once each week for three (3) successive weeks in
a daily or weekly newspaper of general circulation. The sheriff shall
publish the advertisement in at least one (1) newspaper published and
circulated in each county where the real estate is situated. The first
publication shall be made at least thirty (30) days before the date of
sale. At the time of placing the first advertisement by publication, the
sheriff shall also serve a copy of the written or printed notice of sale
upon each owner of the real estate. Service of the written notice shall
be made as provided in the Indiana Rules of Trial Procedure governing
service of process upon a person. The sheriff shall charge a fee of ten
dollars ($10) to one (1) owner and three dollars ($3) to each additional
owner for service of written notice under this subsection. The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected;
and
(3) to be deposited in the county general fund for appropriation
for operating expenses of the sheriff's department.
(e) The sheriff also shall post written or printed notices of the sale
in at least three (3) public places in each township in which the real
estate is situated and at the door of the courthouse of each county in
which the real estate is located.
(f) If the sheriff is unable to procure the publication of a notice
within the county, the sheriff may dispense with publication. The
sheriff shall state that the sheriff was not able to procure the
publication and explain the reason why publication was not possible.
(g) Notices under subsections (d) and (e) must contain a statement,
for informational purposes only, of the location of each property by
street address, if any, or other common description of the property other
than legal description. A misstatement in the informational statement
under this subsection does not invalidate an otherwise valid sale.
(h) The sheriff may charge an administrative fee of not more than
two hundred dollars ($200) with respect to a proceeding referred to in
subsection (b) for actual costs directly attributable to the administration
of the sale under subsection (c). The fee is:
(1) payable by the person seeking to enforce the judgment and
decree; and
(2) due at the time of filing of the praecipe;
under subsection (b).

SOURCE: IC 32-29-7-4.5; (07)IN1464.1.3. -->
SECTION 3. IC 32-29-7-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4.5. (a) After June 30, 2007, the following persons
may not purchase property at a foreclosure sale under this
chapter:
(1) A person who:
(A) owns a fee interest, a life estate interest, or the
equitable interest of a contract purchaser in an unsafe
building or unsafe premises in the county in which a sale is
held under this chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5)
regarding which the conditions set forth in
IC 36-7-9-10(a)(1) through IC 36-7-9-10(a)(4) exist.
(2) A person who:
(A) owns a fee interest, a life estate interest, or the
equitable interest of a contract purchaser in an unsafe
building or unsafe premises in the county in which a sale is
held under this chapter; and
(B) is subject to an order issued under IC 36-7-9-5(a),
other than an order issued under IC 36-7-9-5(a)(2),
IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5),
regarding which the conditions set forth in
IC 36-7-9-10(b)(1) through IC 36-7-9-10(b)(4) exist.
(3) A person who is the defendant in a court action brought
under IC 36-7-9-18, IC 36-7-9-19, IC 36-7-9-20, IC 36-7-9-21,
or IC 36-7-9-22 in the county in which a sale is held under this
chapter that has resulted in a judgment in favor of the
plaintiff and the unsafe condition that caused the action to be
brought has not been corrected.
(4) A person who has any of the following relationships to a
person, partnership, corporation, or legal entity described in
subdivision (1), (2), or (3):
(A) A partner of a partnership.
(B) An officer or majority stockholder of a corporation.
(C) The person who directs the activities or has a majority
ownership in a legal entity other than a partnership or
corporation.
(5) A person who, in the county in which a sale is held under
this chapter, owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest; or
(E) costs directly attributable to a prior tax sale;
on a tract or an item of real property.
(6) A person who has been convicted of maintaining a
common nuisance under IC 35-45-4-4.5, IC 35-45-9-5, or
IC 35-48-4-13. (7) A person on whom a criminal activity investigation fee has
been imposed under IC 36-7-9.5.
(8) A person who is an agent of the person described in this
subsection. (b) The county sheriff shall require each person who will be
bidding at a foreclosure sale to sign a statement in a form
substantially similar to the following:
"Indiana law prohibits a person who owes delinquent taxes,
special assessments, penalties, interest, or costs directly
attributable to a prior tax sale from purchasing tracts or
items of real property at a foreclosure sale. I hereby affirm
under the penalties for perjury that I do not owe delinquent
taxes, special assessments, penalties, interest, costs directly
attributable to a prior tax sale, amounts from a final
adjudication in favor of a political subdivision in this county,
any civil penalties imposed for the violation of a building code
or ordinance of this county, or any civil penalties imposed by
a health department in this county, that I have not been
convicted of maintaining a common nuisance under
IC 35-45-4-4.5, IC 35-45-9-5, or IC 35-48-4-13, and that a
criminal activity investigation fee has not been imposed on me
under IC 36-7-9.5. Further, I hereby acknowledge that any
successful bid I make in violation of this statement is subject
to forfeiture. In the event of forfeiture, the amount of my bid
shall be applied to the delinquent taxes, special assessments,
penalties, interest, costs, judgments, or civil penalties I owe.". (c) If a person purchases a tract that the person was not eligible
to purchase under this section, the sale of the property is subject to
forfeiture. A county sheriff may decline to forfeit a sale under this
section because of inadvertence or mistake, lack of actual
knowledge by the bidder, substantial harm to other parties with
interests in the tract or item of real property, or other substantial
reasons. If the county sheriff declines to forfeit a sale, the county
sheriff shall:
(1) prepare a written statement explaining the reasons for

declining to forfeit the sale; and
(2) retain the written statement as an official record.

SOURCE: IC 32-31-4-2; (07)IN1464.1.4. -->
SECTION 4. IC 32-31-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) If a landlord is
awarded possession of a dwelling unit by a court under IC 32-30-2, the
landlord may seek an order from the court allowing removal of a
tenant's personal property.
(b) If the tenant fails to remove the tenant's personal property before
the date specified in the court's order issued under subsection (a), the
landlord may remove the tenant's personal property and dispose of the
personal property in accordance with the order. anddeliverthepersonalpropertytoawarehousemanundersection3ofthischapter.

SOURCE: IC 32-31-6-7; (07)IN1464.1.5. -->
SECTION 5. IC 32-31-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) As used in this
section, "waste": (1) does not include failure to pay rent; and
(2) includes the following:
(A) The tenant or any other occupant of the rental unit is
convicted of maintaining a common nuisance under
IC 35-48-4-13.
(B) The tenant or any other occupant of the rental unit causes or allows any behavior, condition, damage, or
injury on or near the rental unit or landlord's property
that reduces or poses a substantial risk of reducing the
value of the rental unit or landlord's property.
(b) At the emergency hearing, if the court finds:
(1) probable cause to believe that the tenant has committed or
threatens to commit waste to the rental unit; and
(2) that the landlord has suffered or will suffer immediate and
serious:
(A) injury;
(B) loss; or
(C) damage;
the court shall issue an order under subsection (c).
(c) If the court makes a finding under subsection (b), the court shall
order the tenant to doeitherorbothofthefollowing:(1) return possession of the dwelling unit to the landlord
immediately.(2)Refrainfromcommittingwastetothedwellingunit.
(d) The court may make other orders that the court considers just
under the circumstances, including setting a subsequent hearing at the
request of a party to adjudicate related claims between the parties.

SOURCE: IC 35-45-4-4.5; (07)IN1464.1.6. -->
SECTION 6. IC 35-45-4-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4.5. A person who knowingly or intentionally
maintains a building, a structure, a vehicle, or other place that is
used one (1) or more times by persons for the purpose of
prostitution commits maintaining a common nuisance, a Class D
felony.

SOURCE: IC 35-45-9-5; (07)IN1464.1.7. -->
SECTION 7. IC 35-45-9-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5. A person who knowingly or intentionally maintains
a building, a structure, a vehicle, or other place that is used one (1)
or more times by persons for the purpose of criminal gang activity
or criminal gang intimidation commits maintaining a common
nuisance, a Class D felony.

SOURCE: IC 36-7-9.5; (07)IN1464.1.8. -->
SECTION 8. IC 36-7-9.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Chapter 9.5. Criminal Activity Investigation Fee
Sec. 1. This chapter applies to any county in which the county
legislative body adopts by ordinance the provisions of this chapter.
Sec. 2. As used in this chapter, "criminal activity" means any of
the following:
(1) An offense under IC 35-45-4 (indecent acts and
prostitution).
(2) An offense under IC 35-45-9 (criminal gang control).
(3) An offense under IC 35-48-4 (controlled substances).
(4) Unlawful gambling (IC 35-45-5-2).
Sec. 3. As used in this chapter, "fee" means a criminal activity
investigation fee imposed under section 4 of this chapter.
Sec. 4. (a) Except as provided in subsection (c), the prosecuting
attorney of a county may impose a criminal activity investigation
fee on the owner of property if the following conditions are
satisfied:
(1) At least three (3) reports substantiating the occurrence of
criminal activity on the property have been filed by law
enforcement officers (as defined in IC 35-41-1-17) during the
preceding twelve (12) months.
(2) After the filing of each of the first two (2) reports
substantiating the occurrence of criminal activity on the
property, the prosecuting attorney provided notice required
by section 5 of this chapter to the property owner.
(3) The third or subsequent report substantiating the

occurrence of criminal activity on the property was filed at
least one (1) month after notice of the first report
substantiating the occurrence of criminal activity on the
property was provided to the property owner under section 5
of this chapter.
(b) If the conditions of subsection (a) are satisfied, a separate fee
may be imposed for the filing of:
(1) the third report substantiating the occurrence of criminal
activity on the property; and
(2) each subsequent report substantiating the occurrence of
criminal activity on the property.
(c) A fee may not be imposed on a person under this chapter
based on the filing of reports related to residential property that:
(1) is owned by the person; and
(2) is vacant because the person:
(A) resides in a hospital, a nursing home, a convalescent
home, or another facility for physical or mental care; or
(B) is unable to live alone at the residential property.
(d) A prosecuting attorney is not required to impose a fee
authorized under this section if the prosecuting attorney
determines that the circumstances make imposition of the fee
inappropriate.
Sec. 5. (a) For purposes of section 4(a) of this chapter, notice of
the filing of a report substantiating the occurrence of criminal
activity may be provided to the property owner by any of the
following methods:
(1) Mailing a copy of the notice by registered or certified mail
to the residence or place of business or employment of the
property owner, as on file with the county treasurer, with
return receipt requested.
(2) Delivering a copy of the notice to the property owner.
(3) Leaving a copy of the notice at the dwelling or usual place
of abode of the property owner, as on file with the county
treasurer, and sending by first class mail a copy of the notice
to the last known address of the property owner. (b) In a county in which the county legislative body has adopted
by ordinance the provisions of this chapter, this subsection applies
six (6) months after the effective date of the ordinance. A person
who:
(1) owns residential property;
(2) rents the residential property to another person; and
(3) does not provide to the prosecuting attorney:
(A) the person's name and address; and
(B) the addresses of all residential property in the county
rented by the person to another person;
is considered to waive and relinquish a right to notice required by
section 4(a) of this chapter of the filing of reports substantiating
the occurrence of criminal activity on the residential property. Sec. 6. (a) Subject to subsection (b), the county legislative body
shall by ordinance determine the amount of the fee that may be
imposed under this chapter.
(b) The amount of the fee that may be imposed under this
chapter:
(1) must be based on a reasonable estimate of the average cost
in the county of conducting a law enforcement call or run and
preparing a report on the law enforcement call or run; and
(2) may not exceed one thousand dollars ($1,000).
Sec. 7. (a) A fee collected under this chapter shall be:
(1) deposited in a dedicated account or fund; and
(2) distributed as provided in subsection (b) not more than
sixty (60) days after the fee is collected.
(b) The county auditor shall distribute a fee collected under this
chapter to the law enforcement agency that filed the reports
substantiating the occurrence of criminal activity. In the case of a
fee collected after the filing of reports by more than one (1) law
enforcement agency, the fee shall be distributed proportionately to
the law enforcement agencies based on the number of reports filed
by each law enforcement agency.
Sec. 8. (a) If all or any part of a fee imposed under this chapter
remains unpaid for more than thirty (30) days after it is billed to
the property owner, the prosecuting attorney may certify the
following information to the county auditor:
(1) The name of the property owner on whom the fee has been
imposed.
(2) The address or description of the property for which the
reports substantiating the occurrence of criminal activity
were filed.
(3) The amount of the fee.
(b) The county auditor shall place the total amount certified
under subsection (a) on the tax duplicate for the property as a
special assessment. The total amount, including accrued interest,
shall be collected in the same manner as delinquent taxes are
collected.
(c) An amount collected under subsection (b), after all other

taxes have been collected and disbursed, shall be disbursed to the
dedicated account or fund described in section 7 of this chapter.